Okere, Vitalis Ananze v Minister for Immigration & Multicultural Affairs [1998] FCA 1171

FEDERAL COURT OF AUSTRALIA

MIGRATION – Migration Act 1958 (Cth) – review of decision of Refugee Review Tribunal – whether fear of persecution for reason of race, religion or membership of a particular social group – whether the Refugees Convention precludes persons who have a well-founded fear of persecution for reason of what they have done as individuals – whether well-founded fear of persecution may be motivated directly or indirectly by reason of religion STATUTES – Migration Act 1958 (Cth) – Convention Relating to the Status of Refugees – Vienna Convention of the Law of Treaties – statute incorporating provisions of a treaty - principles to be applied to the interpretation of treaties Migration Act 1958 (Cth), ss 36, 476(1)(e) Convention Relating to the Status of Refugees 1951, Art 1A(2) Vienna Convention on the Law of Treaties, Art 31 Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565, considered Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, considered Morato v Minister of Immigration, Local Government and Ethnic Affairs (1992) 39 FCR 401, considered March v E.& M.H. Stramare Pty Limited (1991) 171 CLR 506, cited Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165, cited

VITALIS ANANZE OKERE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 154 of 1998 BRANSON J SYDNEY 21 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG154 of 1998

BETWEEN: Vitalis Ananze Okere

Applicant

AND: Minister for Immigration and Multicultural Affairs

Respondent

JUDGE(S): BRANSON J

DATE OF ORDER: 21 September 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be set aside. 2. The matter be referred to the Refugee Review Tribunal for further consideration according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.